LIVERMORE – The Board of Appeals met with attorney David Sanders Tuesday night to take final action on an administrative appeal from his client Jose Diaz.

After reviewing the finding of facts as compiled by Kurt Schaub, administrative assistant, the board denied the appeal on a 3-1-1 vote, upholding Code Enforcement Officer Richard Marble’s contention that Diaz had violated the shoreland zoning ordinance by cutting vegetation within the zone.

Chairman Muriel Bowerman explained that the board had held a hearing on Dec. 3, which was continued to the following day for a site visit and meeting.

The charges began in August when Marble reported to selectpersons that Diaz had taken a backhoe to a small brook, cut vegetation and was making a lawn to the brook.

Diaz met with that board in October to discuss the terms of a consent agreement but refused to accept it when selectpersons proposed a $2,500 fine.

He stated then that he had done nothing wrong and would go to court over it.

At Tuesday’s meeting, Sanders stated that the selectmen can recommend the amount of a fine but the town has no authority to enforce it. He added later that he felt Diaz had received a fair hearing.

The final vote found Bowerman, Irma Bowles and Dennis Stires voting to deny the appeal while Lester Donahue supported Diaz. The fifth board member, Jim Holt, abstained since he had not been at the previous meetings.

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